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HomeMy WebLinkAboutContract 43771 (2)CITY SECRETARY CONTRACT NO.flail)� LEASE AGREEMENT WITH YMCA OF METROPOLITAN FORT WORTH THIS AGREEMENT("Agreement")is made and entered into on the /� of day DU1'Q''i V . 2012 ("Effective Date") by and between the CITY OF FORT WORTH, a home -rule municipal corporation of the State of Texas located within Tarrant, Denton, Parker, and Wise Counties, Texas ("City"), acting herein by and through Susan Alanis, its duly authorized Assistant City Manager, and the YMCA OF METROPOLITAN FORT WORTH, a Texas nonprofit corporation ("YMCA"), acting by and through its officers duly authorized by its Board of Directors. RECITALS WHEREAS, in order to serve the citizens of the City with an updated facility for public recreational outdoor activities, City desires to enter into a lease agreement with YMCA to operate, manage, and program recreational activities at the Leased Premises (as hereinafter defined in Article 1) and participate in the development and construction of improvements with YMCA thereon; WHEREAS, on August 11, 2010, City issued a Request for Qualifications (RFQ) for the development, operation, management, and programming of the Leased Premises; WHEREAS, YMCA was the sole respondent to the RFQ and was selected by the selection committee as being qualified to develop, operate, manage, and program the Leased Premises; WHEREAS, YMCA has commissioned plans for the construction and development of improvements on the Leased Premises and is planning to begin construction in the near future; WHEREAS, on June 12, 2012, the Fort Worth City Council approved M&C C- 25667, which authorized the execution of a lease agreement with YMCA for the development, operation, management, and programming of the Leased Premises for the purpose of conducting public outdoor recreational activities; and WHEREAS, City's citizens will derive substantial benefits from the activities, programs, and improvements to be provided and conducted by YMCA for YMCA members, program participants, and Fort Worth citizens at the Leased Premises. NOW, THEREFORE, in consideration of the covenants and agreements contained in this Agreement, City and YMCA hereby agree as follows: ARTICLE 1. LEASE OF LEASED PREMISES 1.01 Leased Premises. In consideration of the mutual terms and covenants of this Agreement, and other good and valuable consideration, City demises and leases to Lease Agreement with YMCA of Metropolitan Fort Worth OFFICIAL REG RI 1 of 33 Y ©ITY sticnETa+ 10 - J...-1 2 Al 1 YMCA, and YMCA leases from City (a) the premises described and set forth as Parcel 1 in Exhibit A, which is attached hereto and incorporated herein for all purposes, and includes any buildings or improvements currently thereon (the `Site') and (b) any buildings and improvements to be renovated, developed, or constructed on the Site (the "Facilities"). The Site and Facilities are collectively referred to as the "Leased Premises." ARTICLE 2. LEASE TERM 2.01 Term. This Agreement shall commence upon the H ffective Date and payment of the rental required under Article 4 below and shall expire on the first day of the month next following twenty (20) years ( `Primary Term"). The Agreement shill] automatically renew for two (2) successive renewal terms of ten (10) years each (each a "Renewal Term") unless terminated in accordance with the provisions of this Agreement. 2.02 Renewals. If, at the time of any renewal of this Agreement, YMCA is in default and has received notice of such default from City in accordance with Article 11 and the cure period allowed under Article 11 has not expired, then such renewal will not be effective unless such default is cured by YMCA within the allowed cure period. If YMCA cures the default within the cure period, the renewal will become effective and be retroactive to the date that the Agreement would otherwise have been renewed. If YMCA fails to complete the cure within the cure period, then City may deny the renewal and this Agreement shall terminate. 2.03 Holdover Tenancy. Any holding over by YMCA after the expiration or termination of this Agreement will not constitute a renewal of the Agreement or give YMCA any rights under the Agreement in or to the Leased Premises, except as a tenant at will ARTICLE 3. USE OF LEASED PREMISES/OWNERSHIP OF PROPERTY 3.01 Permitted Use of Leased Premises. YMCA may use the Leased Premises to develop, manage, operate, and program the Leased Premises consistent with this Agreement for the purpose of offering, conducting, and operating non faith -based recreational wellness, youth and family programs, and related activities consistent with other YMCA facilities and for no other purpose without the prior written consent of City. City reserves the right to use the Leased Premises to sponsor no more than three (3) events annually for legally recognized not for profit civic and neighborhood associations as approved by City. The YMCA shall not be liable for any damages or injuries to people or property resulting from the City's use of the Leased Premises during any City -sponsored event. YMCA agrees to waive any fees associated with the usage of the Leased Premises, provided, they are fees that City would ordinarily waive, as set forth by current City policy. Scheduling will be coordinated through YMCA to prevent conflict with regularly -scheduled programs of MICA. 3.02 Illena1 Use Not Petiuitted YMCA may not use any part of the Leased Premises or any building situated on them for any use or purpose that violates any applicable law, regulation or ordinance of the United States, the State of Texas, the County of Tarrant, or the City of Fort Worth, or other lawful authority with Jurisdiction over the Leased Premises. Lease Agreement with YMCA of Metropolitan Fort Worth 2 of 33 3.03 Condition of Leased Premises. YMCA accepts the Leased Premises in their present condition, finds them suitable for the purposes intended, and further acknowledges that it is thoroughly familiar with such condition by reason of a personal inspection and does not rely on any representations by City as to the condition of the Leased Premises ot their suitability for the purposes intended. YMCA accepts the property herein described subject to all previous recorded easements, if any, that may have been granted on, along, over under or across said property, and releases City from any and all damages, claims for damages, loss or liabilities that may be caused to all invitees licensees, or trespassers by reason of the exercise of such rights or privileges granted in said easements. 3.04 Zoning. Restrictions. and Other Laws. The Leased Premises are subject to any statement of facts that an accurate survey or physical inspection might show, all zoning, restrictions, regulations rulings, and ordinances, building restrictions, and other laws and restrictions now in effect or hereafter adopted by any governmental authority having jurisdiction 3.05 Fire Code Inspections. YMCA will permit the City's Fire Marshal or his or her authorized agents to inspect the Leased Premises and YMCA and City will comply with i11 requirements of the Fire Marshal or his or her authorized agents that are necessary to bring the Leased Premises into compliance with the City of Fort Worth Fire Code and Building Code provisions regarding fire safety, as such provisions exist or may hereafter be amended. YMCA shall maintain in proper condition accessible fire extinguishers of a. number and type approved by the Fire Marshal or his or her authorized agents for the particular hazard involved 3.06 Ownership of Equipment and Furniture No City funds shall be used to acquire equipment and furniture to be used by YMCA. YMCA shall own all equipment and furniture purchased by it. YMCA, at its sole cost and expense, shall be responsible for repait and/or replacement of said furniture and equipment during the term of the Agreement. 3.07 Ownership of Building and Fixtures. City shall own the Leased Premises and all fixtures attached thereto. The Leased Premises and any other buildings, improvements, additions, alterations, and fixtures (except furniture, movable equipment, and trade fixtures) constructed, placed, or maintained on any part of the Leased Premises during the Primary Term ot any Renewal Term are considered part of the real property of the Leased Premises and must remain on the Leased Premises and dde to all permanent improvements on the Leased Premises shall vest in City. 3.08 Right to Remove Personal Property; Trade Fixtutes YMCA may, at any time while it occupies the Leased Premises, or within a reasonable time thereafter, not to exceed ninety (90) days, remove personal property, furniture, machinery, equipment, or other trade fixtures owned solely by YMCA, in, under, or on the Leased Premises, or acquired by YMCA, whether before or during the Primary Tenn or any Renewal Term and any extension, such property being here and after referred to as "YMCA Property " Lease Agreement with YMCA of Metropolitan Fort Worth 3 of 33 3.09 Maintenance and Repair. (a) YMCA shall, at all times during the Primary Term and any Renewal Term, perform all work to and make all repairs necessary or advisable to keep and maintain, or cause to be kept and maintained, the Leased Premises in a good state of appearance and repair (except for reasonable wear and tear) at YMCA's sole cost and expense. (b) Collection and proper disposal of trash, garbage, litter, and debris will be the responsibility of YMCA, at its sole cost and expense. YMCA shall neither commit nor allow to be committed any waste on the Leased Premises, nor shall YMCA maintain, commit, or permit the maintenance or commission of any nuisance on the Leased Premises or use the Leased Premises for any unlawful purpose. YMCA agrees that, at all times during the Primary Term or any Renewal Term of this Agreement, it will keep all growth of weeds and other objectionable vegetation on said property from reaching such conditions as to violate governmental requirements, if any, or be hazardous and/or objectionable to City and/or adjacent property owners. (c) City shall have the right and privilege, through its agents and representatives, to make inspections of the Leased Premises, including, but not limited to, inspections to ensure that YMCA is adhering to fire, safety, and sanitation regulations and other provisions contained herein or in the Fort Worth City Code. The City may make recommendations to YMCA of any maintenance or repairs that, in City's sole discretion, are necessary to be performed by YMCA upon the Leased Premises in accordance with the foregoing. Unless otherwise specifically agreed to in writing by City, acting in its sole discretion, YMCA covenants and agrees that it will commence such maintenance and/or repairs within sixty (60) days from the date that such recommendations are made. In the event that YMCA shall fail to undertake such recommended maintenance and/or repairs within the time provided, it is understood and agreed that City may, within its sole discretion, undertake to make such maintenance and/or repairs as it may deem necessary for and on behalf of YMCA, and in such event, the cost of such maintenance and/or repairs shall be an obhgation on YMCA and City will invoice YMCA for City's costs and expenses incurred, such invoice to be due and payable to City within thirty (30) days of its delivery to YMCA. (d) At all times during the Primary Term and any Renewal Term, YMCA shall, at its sole cost and expense, perform all regular and ordinary minor nonstructural bi ilding maintenance and repairs, such as painting, wallpaper, tile, flooring, and window glass replacement. Such repairs shall be made in an expeditious and proper manner. (e) YMCA shall be responsible for keeping any landscaping, including, but not limited to any irrigation system, around any buildings in a neat, tidy, and working condition, with adequate watering and maintenance, and replacing landscaping, including all growth of weeds and other objectionable vegetation on the Lease Agreement with YMCA of Metropolitan Fort Worth 4 of 33 Leased Premises from reaching such conditions as to violate governmental requirements, if any, or to be hazardous and/or objectionable to City or YMCA (0 If any maintenance or repairs are necessary upon the Leased Premises, such maintenance and repairs shall be made expeditiously and in the same manner as a person generally proficient in that industry or trade performing under similar circumstances All maintenance, repair and upkeep of the Leased Premises shall be in accordance with all applicable federal, state, and local laws, rules, regulations, and specifications. 3.10 Sale of Goods and Services. YMCA may sell goods and services on the Leased Premises in accordance with YIMICA's policies for its other facilities of similar use and size. Said concessions shall be managed and operated by and for YMCA. Approval from the Director of the City s Parks and Community Services Department and/or its designee (` Director") is not req iired to sell such goods and services; however, the Director reserves the right to review, disapprove, and order YMCA to discontinue any such sales 3.11 Admission and User Fees. (a) YMCA may charge entrance and user fees admission for the entrance to or use of any part or all of the Leased Premises or any facilities constructed thereon consistent with other like YMCA programs of similar size. The amount of any fees to be charged by YMCA and all rates and prices charged by YMCA for accommodations food, and services furnished or sold to the public shall be subject to all applicable laws and regulations. The Director reserves the right to review and approve all fees and costs subject to this section (b) YMCA shall furnish all proposed rate or price increases or decreases for the next calendar yeas to the Director for approval The Director shall not unreasonably withhold such approval for any rate increase or decrease. YMCA shall keep a schedule of such fees rates, or prices posted at all times in a conspicuous place on the Leased Premises Under no circumstances shall the City provide any subsidy to make up any shortfall in revenue from admission or user fees. 3.12 Sale and Consumption of Alcohol. YMCA covenants and agrees that it will not permit, at any time, the sale or consumption of alcoholic beverages on the Licensed Premises. 3.13 Permits and Licenses. YMCA agrees that it will obtain and pay for all necessary permits (unless otherwise provided for in this Agreement) and licenses incurred or required in connection with the rights granted hereunder. 3.14 Start Time Restrictions. Under no circumstances shall YMCA permit any activity, including, but not hnuted to soccer games, football games, and the like, to begin on or after 10:00 p.m. on any night in the area designated for the proposed multi -use playfields depicted in FH xhibit B, attached hereto and incorporated herein by reference. Lease Agreement with YMCA of Metropolitan Fort Worth 5 of 33 3.15 Lighting Restriction It is hereby acknowledged by the parties hereto that lighting facilities have been installed and presently exist upon Parcel 1 and that YMCA shall be permitted to continue the use of the existing lighting facilities throughout the term of this Agreement. Additional lights may be placed on fields on the north side of the Leased Premises with written approval from the Director Any athletic field lighting will be of such nature and design to direct lighting onto the fields and minimize spillover lighting outside of the fields Any determination of spillover lighting is at the sole discretion of the Director. YMCA must submit a written plan detailing its proposed lighting schedule and usage to the Director, which the Director must approve, in his/her sole discretion, prior to YMCA commencing any work on the Facilities or any activities on the Leased Premises. 3.16 Public Address System. YMCA shall be permitted to maintain upon Parcel 1 a public address system for use only in the conduct of recreational activities on the Leased Premises; provided, however, that no speaker of the public address system shall face any of the residences adjacent to the north boundary line of Parcel 2. YMCA must submit a written plan detailing its proposed public address system usage to the Director, which the Director must approve, in his/her sole discretion, prior to YMCA commencing any work on the Facilities or any activities on the Leased Premises. It is expressly understood and agreed that, in the use of the public address system, YMCA shall comply with all ordinances and regulations of City concerning noise, including but not limited to Chapter 23 of the Code of the City of Fort Worth, as amended or may be amended. 3.17 Abusive. Foul. or Obscene Language. YMCA shall not permit the use of abusive, foul, or obscene language by any person or persons upon the Leased Premises, and that use of such language by any person or persons upon the Leased Premises shall result in the removal of that person or those persons from the premises by YMCA, its members, agents or employees. 3.18 Signage. YMCA shall have the right to erect signs in compliance with all federal, state, and local statutes, ordinances, rules, regulations, City policies, and specifications, displaying the Leased Premises and the sponsorship of the activities by YMCA, subject to the prior written approval of the Director and the Director of the City's Water Department. 3.19 Naming Rights. YMCA is authorized under this Agreement to solicit and accept sponsorship for naming rights for the Leased Premises, subject to review and evaluation by the Director and the Director of the City's Water Department and approval by the Fort Worth City Council. Solicitation for naming rights shall made be in accordance with all applicable City policies and procedures for naming City -owned facilities in existence now of during the term of this Agreement (i.e., City of Fort Worth Resolution Numbers 725 and 3253-09-2005). All revenue received from any naming rights for the Leased Premises shall be used to support the operation and management of the Leased Premises. The location and design of any signage shall be subject to review and approval by the Director and the Director of the City's Water Department and in accordance with all applicable federal, state, and local statutes, ordinances rules, regulations, City policies, and specifications All signage shall acknowledge the City as a co-sponsor and contain the Official City of Fort Worth Logo. YMCA is responsible for ensuring that any use of the City of Fort Worth Logo Lease Agreement with YMCA of Metropolitan Fort Worth 6 of 33 strictly complies with the City's Logo Use Policy, and all other applicable policies, procedures, and regulations of the City and applicable federal copyright and trademark laws. By virtue of this Agreement, YMCA only acquires the light to use the City's logo in accordance herewith. Neither YMCA nor any other person or entity shall acquire any rights of ownership in the City s logo, which all rights shall remain exclusively with the City. YMCA agrees not to use or allow anyone else to use the City's logo in any manner that would reflect unfavorably on the good name, good will, reputation or image of the City. ARTICLE 4. RENT 4.01 Rent. Upon the execution of this Agreement and as a condition of the commencement of the Primary Term, YMCA shall pay the entire lease rental due under this Agreement for the Primary Term in one lump sum payment of Two Hundred Dollars ($200.00), representing the sum of Ten and No/100 Dollars ($10.00) per annum as lease rental during the Primary Term. If the term of this Agreement is renewed, payment of the entire lease rental due under this Agreement for such Renewal Term shall be made in one lump payment of One Hundred Dollars and No/100 ($100.00), representing the sum of Ten and No/100 Dollars ($10 00) per annum as lease rental during the applicable Renewal Term and shall be a condition of the commencement of any such Renewal Term. The parties agree that all consideration detailed in this Agreement fairly compensates City for the lease granted by City and City acknowledges receipt and acceptance of this consideration Payment of the lump sum rental payments described above shall be made at the administrative offices of the City of Fort Worth Parks and Community Services Department located at 4200 South Freeway, Suite 2200, Foit Worth, Texas 76115. ARTICLE 5. CONSTRUCTION OF THE FACILITIES 5.01 General Conditions Any contract awarded by YMCA for construction of the Facilities shall be subject to the following: (a) Prior to YMCA making an award of contract for the construction of the Facilities, YMCA shall provide sufficient documentation to City to evidence that YMCA has sufficient funds available to meet its obligations under this Agreement or any future amendment, addenda, or renewal. (b) City and YMCA agree that YMCA will construct the Facilities for the use of YMCA and City in accordance (i) with a set of plans and specifications pre - approved by City and YMCA prior to beginning any construction; (it) with all applicable laws, ordinances, rules regulations, and specifications of all federal, state, county city, and other governmental agencies applicable to the Leased Premises now or hereafter in effect; (iii) in a good and workman like manner and (iv) in accordance with industry standards of care, skill, and diligence. If the Facilities Lease Agreement with YMCA of Metropolitan Fort Worth 7 of 33 include buildings, then YMCA shall not occupy said buildings until City issues a certificate of occupancy All construction and material alteration shall be performed at YMCA's sole cost and expense (other than expressly provided to the contrary herein). (c) The total cost for the design and construction of the Facilities is anticipated to be One Million Seven Hundred Thousand Dollars and No/100 ($1,700,000), inclusive of any costs incurred in order to comply with City of Fort Worth Ordinance No. 17228. City shall contribute Five Hundred Thousand Dollars and No/100 ($500,000.00) for the design and construction of the Facilities. YMCA shall contribute One Million Two Hundred Thousand Dollars and No/100 ($1,200,000.00) for the design and construction of the Facilities and any necessary furnishings and equipment. YMCA's funds shall be used to fund the remaining costs of construction only after City's funds are exhausted (d) YMCA shall submit a copy of all draws received from its contractor(s) to City within two (2) business days of receipt. City shall pay to YMCA the amount of such draw, less any retainage provided for in the construction contract between YMCA and its contractor, in sufficient time to allow YMCA to make timely payments to its contractor(s). If City disputes any portion of a draw request, City may withhold the disputed portion of the draw request until the dispute is resolved, but shall pay the undisputed portion of the draw request as specified herein. (e) Other than stated in c. and d. above, City shall not be responsible for the cost of any construction work for the Facilities, including, but not limited to, licenses, taxes incurred or req ,ii ed or the extension of or connection to water/wastewater utilities, including, but not limited to, impact fees, tap fees, or other associated fees in connection with this Agreement. (f) The Leased Premises must, at all times, be kept free of mechanics' and materialmen s liens. YMCA shall indemnify and hold City harmless from and against any and all mechanics' and materialmen's liens or any other type of claims orliens imposed upon the Leased Premises arising as a result ofits conduct or inactivity. (g) Prior to the commencement of the construction on the Leased Premises or any material alteration or other construction work on the Leased Premises that costs in excess of $50,000.00 in the aggregate, the YMCA shall, at its own cost and expense, cause to be made and executed by the construction contractor either one or two separate bonds, in accordance with Section 2253.021 of the Texas Government Code, as follows (i) If the amount of the construction contract awarded is in excess of $50,000.00 (A) prior to the date of commencement of construction, the contractor shall furnish a payment bond in a sum Lease Agreement with YMCA of Metropolitan Fort Worth 8 of 33 (m) (B) equal to the frill amount of the construction contract awarded; and said bond shall be for the protection of and use by payment bond beneficiaries who have a direct contractual relationship with the construction contractor or any of its subcontractors who is actually supplying the public work labor or material. If the atnount of the construction contract awarded is in excess of $100,000.00 in addition to any bond required under subsection (A) above: (A) prior to the date of commencement of construction, the contractor shall furnish a performance bond in a sum equal to the full amount of the construction contract awarded; and (B) said bond shall be conditioned on a faithful performance of necessary construction and completion of improvements in accordance with approved final plans, detailed specifications, and contract documents. The YMCA shall ensure that all required bonds list the City as a dual obligee (h) YMCA shall comply with all applicable federal, state, and local laws, regulations, and ordinances in awarding any construction contracts for the Facilities. (i) YMCA shall require its contractor(s) to comply with the regtirements of City Ordinance No. 20020-12-2011 and City's established goal for the City's construction portion of this Agreement regarding the participation of diverse businesses. (j) YMCA shall notify City at least 7 days prior to beginning construction of the Facilities (k) YMCA, for itself, its personal representatives, successors in interest, and assigns, agrees, as a covenant running with the land as part of the consideration herein in its construction, maintenance, occupancy, use, or operation of the Leased Premises, that no person shall be excluded from participation in or denied the benefits of YMCA's use of the Leased Premises on the basis of race, color, national origin, religion, handicap, sex, sexual orientation familial status, transgender, gender identity, or gender expression. YMCA further agrees for itself, its personal representatives, successors in interest, and assigns that no person shall be excluded from the provision of any services on or in the construction of any improvements or Lease Agreement with YMCA of Metropolitan Fort Worth 9 of 33 alterations to the Leased Premises on grounds of race, color, national origin, religion, handicap, sex, sexual orientation, familial status, transgender, gender identity, or gender expression. (1) YMCA shall regi ire its design consultant to comply with all provisions of the Americans with Disabilities Act of 1990, as amended or may hereafter be amended, and all applicable Texas Accessibility Requirements (collectively, the ["Act' I), and that while it occupies the Leased Premises, YMCA will comply with all applicable provisions of the Act The Facilities will be constructed in order to comply with the Act within the established construction budget. (m) YMCA shall be solely responsible for initiating, maintaining, and supervising all safety precautions in connection with construction or material alteration of the Leased Premises and YMCA's use of the Leased Premises. (n) YMCA acknowledges that City may have structures and/or equipment on the Leased Premises. YMCA agrees that it will use commercially reasonable efforts to protect the integrity of such structures and equipment. In the event that YMCA's activities may threaten such structures or equipment, YMCA agrees to immediately notify City and as far in advance as reasonably possible and to cooperate with City in protecting such structures and/or equipment. (o) No structure, building or appurtenance of any kind shall be placed on the Leased Premises within the drip line of any tree unless such placement is approved, in writing, by the Director. YMCA shall be authorized to disturb or remove the surface or subsurface of the Leased Premises only to the extent provided in the City -approved construction plans. In exercising such authority, YMCA shall use all reasonable efforts to minimize removal or damage to existing vegetation, including, but not limited to, the use of orange mesh fencing around the drip line of any tree to protect the tree (p) YMCA shall be authorized to destroy, remove, or alter fences or other improvements only to the extent provided in the construction plans. To the extent that any fences or other improvements are destroyed, removed, or altered in connection with any construction or material alteration of the Leased Premises outside of any City -approved construction plans, YMCA shall reconstruct and restore such improvements in a good and workmanlike manner to a condition that is substantially equal to or better than the one in which such improvements existed prior to commencement of the construction or material alteration. If YMCA destroys, removes, or alters any fences or other improvements, then YMCA shall contact City within a reasonable time so that City can determine whether those items are salvageable. (q) YMCA covenants and agrees that within thirty (30) days of the date that construction on the Leased Premises is complete, YMCA shall provide City an itemized final accounting of all direct costs associated with construction on the Leased Premises, excluding any monetary or in -kind contribution made by City Lease Agreement with YMCA of Metropolitan Fort Worth 10 of 33 towards the cost of the Facilities. If City requires additional reasonable information regarding any of the reported costs or disputes any aspect of the accounting, City shill have sixty (60) days in which to request reasonable additional information or to provide YMCA with written notice of any disputed costs YMCA shall use all reasonable efforts to provide City with requested additional information and explanation and to resolve any alleged dispute. (r) City shall have the exclusive right, tide, and interest in all permanent structure and improvements constructed by YMCA on the Leased Premises (Article 11.04 sets forth the City's reimbursement obligations upon termination or expiration of this Agreement). (s) The YMCA shall require its contractor to provide a maintenance bond in favor of the City for all construction undertaken on the Licensed Premises, beginning on the date that the City accepts the work and for a period of two years thereafter. 5.02 Permits. City shall waive the cost of obtaining any necessary permits required in connection with construction of the Facilities. Any future waiver of permits for subsequent construction projects shall require approval from the Fort Worth City Council 5.03 Beginning Construction. YMCA shall begin construction no later than two (2) months from the date City and YMCA approve the plans. City may terminate this Agreement upon thirty (30) days prior written notice if construction is not commenced within such time. YMCA may reasonably delay commencement of construction due to delays caused by City, such delay not to exceed thirty (30) days after City's delay is eliminated, or by force majeure In the event of such termination, City shall take title to all designs and construction plans through the date of termination. 5.04 Process for Approval. The following rules govern City's approving construction, additions, renovations, and alterations of the Facilities: (a) Cooperation During Design. City and YMCA agree that the Facihdes will be useful beyond the Primary Term or any Renewal Term of this Agreement. Therefore, City and YMCA agree to cooperate to the greatest extent possible in the design of the Facilities. YMCA agrees that it will include provisions in its design professional contract that: The design professional agrees to cooperate and work with City in the design of the Facilities; The design professional will not proceed to a new phase of design until City has approved, in writing, the current phase of design; and City will own the plans and specifications prepared by the design professional Lease Agreement with YMCA of Metropolitan Fort Worth 11 of 33 (b) Submission of Plans. YMCA must submit two complete sets of final construction plans prepared by a licensed architect or engineer of detailed working drawings, plans, and specifications and any additional copies of site plans as required by City for City's approval If YMCA wishes to construct any other buildings or improvements or make any additions or alterations to buildings or improvements for which City's approval is required under subparagraph a. above, YMCA must submit two copies of detailed working drawings, plans, and specifications for any such projects for City's approval before the project begins. (c) Written Approval Required. No building or other permanent improvement may be constructed on the Leased Premises unless the plans, specifications, and proposed location of the building or other improvement has received City's written approval and the b gilding or other improvement complies with the approved plans, specifications, and proposed location. No material addition to or alteration of any building or structure or other improvements erected on the Leased Premises may begin until plans and specifications covering the exterior of the proposed addition or alteration have been first submitted to and approved by City. (d) Citv's Approval. City will promptly review and approve all plans or note in writing any req tired changes or corrections that must be made to the plans but in no event later than fourteen (14) days after submission or resubmission of corrected plans. Minor changes in work or materials not affecting the general character of the bi ilding project may be made at any time without City's approval, but a copy of the altered plans and specifications must be furnished to City. (e) Exception to Citv's Approval. The following items do not require submission to, and approval by, City to the extent YMCA is required to make repairs, alterations, changes, or modifications under this Agreement: Minor repairs and alterations necessary to maintain existing structures and improvements in a useful state of repair and operation Changes and alterations required by an authorized public official with authority or jurisdiction over the buildings or improvements to comply with legal requirements. Interior minor modifications to the structures, such as paint, wallpaper and carpeting, but excluding any structural changes. (f) Effect of Approval Approval by City shall not constitute or be deemed a release of the responsibility and liability of YMCA, its agents, servants, employees, contractors, and subcontractors for the accuracy and competency of its designs, working drawings, and specifications or other engineering documents. City, by approving the plans and specifications assumes no liability or responsibility for the architectural or engineering design or for any defect in any the designs, working Lease Agreement with YMCA of Metropolitan Fort Worth 12 of 33 drawings, and specifications or other engineering documents, building or improvement constructed from the plans or specifications prepared by YMCA, its agents, servants, employees, contractors and subcontractors (it being the intent of the parties that approval by City constitutes approval of only the general design concept of the improvements to be constructed). (g) As Built Drawings. YMCA shall require its design professional to prepare as built drawings based upon final construction and shall submit two copies of these drawings to City, which shall become property of City on the date of submission. 5.05 Insurance Requirements Related to the Construction of Facilities. (a) Types of Coverage. YMCA shall require its contractors and design professionals to obtain and maintain the following types of insurance and limits of coverage of contractors and design professionals during the development, design and construction of any Facilities: (i) (�) Worker's Compensation. YMCA shall require its contractors and design professionals to obtain and maintain statutory worker's compensation insurance and Fmployers Liability coverage ($100,000 Fiach accident/ occurrence, $100,000 Disease - each employee, and $500,000 Disease -policy limit) during the design and any construction work. YMCA shall require its contractors and design professionals to cover their subcontractors and subconsultants on their policies or shall require the subcontractors and subconsultants to obtain and maintain statutory worker's compensation coverage insurance and Fi mployer's Liability coverage (with limits as stated above). Professional Liability Insurance. YMCA shall require any design professionals providing professional services for the development, design and/or construction management of the Facility to obtain and/or maintain professional liability insurance at a limit of not less than $1,000,000. If this coverage is obtained on a "claims made" basis, the design professionals will maintain coverage continuously in force for 1 period of not less than five years after Facility acceptance Commercial General Liability. YMCA shall require its contractors and design professionals to obtain commercial general liability insurance at a limit of not less than $1,000,000 each occurrence and 52,000,000 aggregate Lease Agreement with YMCA of Metropolitan Fort Worth 13 of 33 (b) (iv) Builders Risk. YMCA or its general contractor shall carry builder's risk property insurance on the Facility throughout the construction period (v) Automobile Liability Insurance. YMCA shall require its contractors and design professionals to obtain and maintain business automobile liability insurance at a limit of not less than $1,000,000 each accident on a combined single limit basis. A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non - owned Additional Insurance Requirements (i) The City of Fort Worth, its' Officers, Employees and Volunteers shall be named as an Additional Insured on the Automobile and Commercial General Liability policies. Waiver of rights of recovery (subrogation) in favor of the City of Fort Worth. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Fi xcept for workers' compensation, all insurers must have a minimum rating of A: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, prior written approval of the City's Risk Management Division is required (iv) If insurance policies are not written for specified coverage limits, an Umbrella or N xcess Liability insurance for any differences is required. H xcess Liability shall follow form of the primary coverage. (v) Unless otherwise stated, all required insurance shall be written on the "occurrence basis " Prior written approval from the City s Risk Management Division is required for any claims - made policies. If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the contractual agreement and for five (5) years following completion of the contractual agreement. An annual certificate of insurance submitted to City shall evidence such insurance coverage. Lease Agreement with YMCA of Metropolitan Fort Worth 14 of 33 (vi) Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first -dollar basis, must be approved in writing by the City's Risk Management division. (vii) City, at its sole discretion, reserves the right to review the insurance requirements and to make seasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City of Fort Worth City shall be required to provide prior written notice of ninety (90) days If City increases the minimum specified insurance requirements, City shall be responsible for the increased costs for such coverage, including profit and overhead. (viii) City shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms conditions, limitations or exclusions except where policy provisions are estabhshed by law or regulations binding upon either of party or the underwriter on any such policies. 5.06 Right to Audit. With respect to this Article 5, YMCA agrees as follows: (a) City shall, until the expiration of three (3) years following completion of the construction of the Facilities, have access to and the right to examine any directly pertinent books, documents, papers and records of YMCA involving the construction of the Facilities. (b) City shall have access, during normal working hours, to any necessary YMCA facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section City shall use its best efforts to give YMCA not less than 7 working days advance notice of intended audits. (c) YMCA further agrees to include in all its contractor and design professional agreements hereunder a provision to the effect that the contractor or design professional agrees that City shall, until the expiration of three (3) years following completion of the construction of the Facilities, and further that City shall have access during normal working hours to all contractor or design professional facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph City shall give contractor or design professional reasonable advance notice of intended audits. Lease Agreement with YMCA of Metropolitan Fort Worth 15 of 33 (d) YMCA further agrees to require its contractors and design professionals to include in all subcontractors or subconsultant agreements the rights of City to conduct audits in accordance with this section In addition, YMCA shall include in such contracts the provision that the contractors or design professionals shall agree to photocopy such documents as may be requested by City and City agrees to reimburse the contractors and design professionals for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. (e) YMCA agrees to photocopy such documents as may be requested by City. City agrees to reimburse YMCA for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.07 Future Construction of Facilities. All applicable terms and conditions set forth in this Article shall apply to all construction of future Facilities during the Primary Term and any Renewal Term of this Agreement. No other building or other permanent improvement may be constructed on the Leased Premises absent a duly authorized written amendment to this Agreement signed by both parties. ARTICLE 6. INSURANCE REQUIREMENTS DURING TERM 6.01 Insurance Required Prior to the time YMCA is entitled to any right of access to or use of the Facility, YMCA shall obtain and maintain the following types of insurance and minimum limits of coverage during the Term of the Lease of the Facility. (a) (b) Workers' Compensation - Statutory limits Employer's liability $100 000 $100 000 $500 000 Commercial General Liability Fach occurrence Aggregate limit $1,000,000 $2,000,000 Fach accident/occurrence Disease - each employee Disease - policy limit Coverage shall include but not be limited to the following premises/operations, independent contractors, products/completed operations, personal injury, and contractual liability (c) Automobile Liability $1,000,000 Fi ach accident on a combined single -limit basis A commercial business policy shall provide coverage on "Any Auto," defined as autos owned, hired and non -owned (d) Umbrella of Fxcess Liability S5,000,000 Each occurrence $5,000,000 Aggregate Lease Agreement with YMCA of Metropolitan Fort Worth 16 of 33 (e) Commercial "All Risk" Property Insurance $1,000,000 Minimum Limit YMCA shall procure and maintain special form "all risk" including flood, wind, storm, and earthquake coverage insurance on the Leased Premises, in an amount equal to 90% of the full replacement value of said property (0 Boiler and Machinery $1,000,000 Minimum Limit YMCA shall procure and maintain a commercial boiler and machinery policy during the term of the Agreement to cover loss caused by mechanical or electrical equipment breakdown, including damage to the equipment, damage to other property of the insured and damage to property of others. 6.02 Additional Insurance Requirements. (a) The City of Fort Worth, its' Officers, Employees and Volunteers shall be named as an Additional Insured on the Automobile and Commercial General Liability policies. (b) YMCA shall submit thirty days (30) prior written notice of cancellation or non -renewal is required. (c) Waiver of rights of recovery (subrogation) in favor of the City of Fort Worth. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management If the rating is below that required, prior written approval of the City's Risk Management Division is required (e) If insurance policies are not written for specified coverage limits, an Umbrella of H xcess Liability insurance for any differences is required. Fi xcess Liability shall follow form of the primary coverage. (0 Unless otherwise stated all required insurance shall be written on the `occurrence basis ' Prior written approval from the City s Risk Management Division is required for any claims -made policies. If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the contractual agreement and for five (5) years Lease Agreement with YMCA of Metropolitan Fort Worth 17 of 33 following completion of the contractual agreement. An annual certificate of insurance submitted to City shall evidence such insurance coverage. (g) Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first -dollar basis, must be approved in writing by the City's Risk Management division. (h) City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City of Fort Worth City shall be required to provide prior written notice of ninety days (i) City shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of party or the underwriter on any such pohcies. 6.03 Minimum Coverage. Insurance coverage specified herein constitutes the minimum requirements and said requirement shall in no way lessen or limit the liability of YMCA under the terms of this Agreement. YMCA shall procure and maintain, at its own cost and expense, any additional kinds and amounts of insurance that, in its own judgment, it deems to be necessary 6.04 YMCA Coverage. During the Term of this Agreement and at its sole cost and expense, YMCA shall at all times maintain in effect property and casualty insurance coverages insuring the Leased Premises in an amount equal to at least 100% of the actual replacement cost thereof and providing protection against any peril generally included in the classification "Fire and Extended Coverage" or so called 'special form" coverage. YMCA shall be the named insured under the policy and City shall be named as Loss Payee. Such insurance must be payable to YMCA and City, as their interests may appear, and shall include a waiver of subrogation in favor of City. YMCA shall deliver to City, upon City's request, certificates of such insurance In no event shall City be responsible for damage to the Facility by reason of fire or other casualty, or by reason of any other cause that could have been insured against under the terms of a standard fire and extended coverage insurance policy or policies. In the event of a casualty, if YMCA reconstructs the Facshties under Article 9, YMCA and City shall use all insurance proceeds to reconstruct the Facility. If the Facility is not reconstructed after a casualty, YMCA and City shall proportionally share in the insurance settlement proceeds. ARTICLE 7. TAXES 7.01 Payment by YMCA. In addition to the rent specified in Article 4, YMCA will pay and discharge all taxes, general and special assessments, and other charges of any kind levied on or assessed against the Leased Premises and all interests in the Leased Lease Agreement with YMCA of Metropolitan Fort Worth 18 of 33 Premises and all improvements and other property on them during the Term and any extension, whether belonging to City or to YMCA. YMCA will pay all the taxes, charges, and assessments directly to the public officer charged with their collection before they become delinquent, and, to the extent permitted by law, YlVICA will indemnify City' and hold it harmless from and ap-ainst all such tares. charges. and assessments. YMCA may, in good faith at its own expense (and in its own name) contest any such taxes, charges, and assessments and must pay the contested amount, plus any penalties and interest imposed, if and when finally determined to be due. YMCA s failure to discharge any such tax, charge or assessment when finally due within ten (10) days after the date City's written notice is received by YMCA shall constitute an event of default under Article 11 below However, YMCA's financial obligation to City to liquidlte and discharge such hen shall survive following termination of this Agreement and until such a time as the lien is discharged ARTICLE 8. UTILITIES 8.01 Payment by YMCA YMCA, at its sole cost and expense, will incur the cost to provide all utilities, including, but not limited to gas, water, sewer, electric, and network and communication services, for use by YMCA at the Licensed Premises, including but not limited to, uses for construction, installation, operation, maintenance, repair, or reconstruction. 8.02 Utility Lines. YMCA shall, at its sole cost and expense and subject to the prior written approval of Director, have the right to locate necessary utility lines on the Leased Premises and adjacent property that City has the right to occupy. 8.03 Permanent Utility Improvements. Any permanent utility improvements shall become the property of City but shall be subject to YMCA's use hereunder. 8.04 Irrigation System. YMCA shall, if required in connection with the issuance of City building permits, develop, install, and pay for landscape irrigation equipment to connect to any existing irrigation system. City will cooperate with YMCA in developing and designing said irrigation system to avoid coverage duplication and prompdy provide information to YMCA related to the same, including, without limitation, the locations of existing irrigations system lines and zones. ARTICLE 9. RESTORATION 9.01 Damage or Destruction City shall not be responsible, under any circumstances, for property belonging to YMCA, its members, employees, agents, contractors subcontractors, invitees, licensees, or trespassers, which may be damaged, stolen, or destroyed, and YMCA hereby releases City from any responsibility therefore. If the Facilities or any other building or improvement constructed on the Leased Premises are damaged or destroyed by fire or any other casualty, YMCA shall, within ninety (90) days from the date of the damage or destruction, begin to repair, reconstruct, or replace the damaged or destroyed Facilities and pursue the repair, reconstruction, or replacement with reasonable diligence so as to restore the Facilities to substantially the same condition it was Lease Agreement with YMCA of Metropolitan Fort Worth 19 of 33 in before the casualty. But, if beginning or completing this restoration is prevented or delayed by war, civil commotion, acts of God strikes, governmental restrictions, or regulations, or interferences, fire or other casualty, or any other reason beyond YMCA's control, whether similar to any of those enumerated or not, the time for beginning or completing the restoration (or both) will automaticllly be extended for the period of each such delay. In lieu of reconstructing the Facilities, the parties can mutually agree to declare this Agreement tetnunated. ARTICLE 10. LIABILITY AND INDEMNIFICATION 10.01 Liability of City. CITY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM ANY USE OF THE LEASED PREMISES (OR ANY PART OF THEM) OR CAUSED BY ANY DEFECT IN ANY BUILDING, STRUCTURE, IMPROVEMENT, EQUIPMENT, OR THE FACILITIES ON THE LEASED PREMISES OR CAUSED BY OR ARISING PROM ANY ACT OR OMISSION OF YMCA, OR OF ANY OF ITS AGENTS, EMPLOYEES, LICENSEES, OR INVITEES, OR BY OR FROM ANY ACCIDENT, FIRE, OR OTHER CASUALTY ON THE LEASED PREMISES OR BROUGHT ABOUT BY YMCA'S FAILURE TO MAINTAIN THE LEASED PREMISES IN A SAFE CONDITION. 10.02 INDEMNIFICATION. (a) YMCA AGREES TO DEFEND, INDEMNIFY, AND HOLD CITY, ITS OFFICERS, AGENTS, REPRESENTATIVES, SERVANTS, AND EMPLOYEES, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, THAT MAY RELATE TO, ARISE OUT OF, OR BE OCCASIONED BY (i) YMCA'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF YMCA, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN CITY) OR SUBCONTRACTORS, RELATED TO CONSTRUCTION OF THE FACILITIES OR THE PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTOR. (b) IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST THE CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, YMCA, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDING, AT YMCA's Lease Agreement with YMCA of Metropolitan Fort Worth 20 of 33 EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY. (c) IT IS AGREED WITH RESPECT TO ANY LEGAL LIMITATIONS NOW OR HEREAFTER IN EFFECT AND AFFECTING THE VALIDITY OR ENFORCEABILITY OF THE INDEMNIFICATION OBLIGATION UNDER THIS ARTICLE 10, SUCH LEGAL LIMITATIONS ARE MADE A PART OF THE INDEMNIFICATION OBLIGATION AND SHALL OPERATE TO AMEND THE INDEMNIFICATION OBLIGATION TO THE MINIMUM EXTENT NECESSARY TO BRING THE PROVISION INTO CONFORMITY WITH THE REQUIREMENTS OF SUCH LIMITATIONS, AND AS SO MODIFIED, THE INDEMNIFICATION OBLIGATION SHALL CONTINUE IN FULL FORCE AND EFFECT. (d) YMCA agrees to notify City promptly upon the receipt of any claim or lawsuit brought in connection with any injury, death, or damages on the Leased Premises. YMCA agrees to make its officers, agents, and employees available to City, at all reasonable times for any statements and case preparation necessary for the defense of any claims or litigation for which City may be responsible hereunder. YMCA shall place language in its contract with contractors that contractors shall notify City as required by YMCA in this subsection. 10.03 Waiver of Immunity. Nothing herein shall be deemed to constitute a waiver of any immunity or affirmative defense, which may be asserted by City or YMCA as to any claim of any third party. 10.04 Cause of Action. Nothing herein shall be construed, in any manner, to create a cause of action for the benefit of any person not a party to this Agreement, or to create any rights for the benefit of any person not a party to this Agreement not otherwise existing at law. 10.05 Use of Plans and Specifications. Pursuant to the terms of this Agreement, City will own the plans and specifications. The design professional shall not be responsible or liable for City's use of the plans and specifications for any other project. ARTICLE 11. EXPIRATION AND TERMINATION 11.01. N xpiration. If YMCA does not wish to renew this Agreement, then YMCA shall provide the City with 180-days advanced notice prior to the expiration of the Term then in effect. 11.02 Termination without Cause. This Agreement may be terminated by either party, with or without cause, by providing the other party with no less than twelve (12) months written notice prior to the intended termination date Lease Agreement with YMCA of Metropolitan Fort Worth 21 of 33 11.03 Termination for Cause (a) Fvent of Default. The following shall be deemed events of default (herein so called) by YMCA under this Agreement. (b) (i) (m) YMCA fails to use the Leased Premises for the purpose of offering, conducting and operating non faith -based recreation, wellness, and youth and family programs and related activities, consistent with other YMCA facilities; YMCA makes a trinsfer in fraud of creditors, or makes an assignment for the benefit of creditors; YMCA vacates any substantial portion of the Leased Premises for a period of longer than thirty (30) days, unless YMCA can demonstrate to the reasonable satisfaction of City that all reasonable efforts are being made by YMCA to occupy said Leased Premises; or (iv) YMCA fails to comply with any other teini provision, or covenant of this Agreement in any material respect. Curing a Default (i) If an event of default occurs, City shall give written notice that describes the default in reasonable detail to YMCA. YMCA must commence curing such default within fourteen (14) calendar days after the time it receives the notice from City, and then must complete the cure within ninety (90) days thereafter or within a time period otherwise agreed to by the parties in writing. If YMCA does not cure the default in a timely manner, City may terminate this Agreement by giving written notice of the termination; provided, however, if the default is not reasonably susceptible to cure within the stated time, City will not exercise its right to terminate this Agreement so long as YMCA has commenced to cure the default within the required time and diligently completes the cure within a reasonable time without unreasonable cessation of the work to complete the cure. 11.04 Citv's Obligations Upon Termination or F xpiration (a) If the event of default is 11.03(a)(iv) or City terminates for convenience, as a condition precedent to the right to terminate (whether or not it results in a non -renewal or termination) the City shall appropriate funds and reimburse YMCA for the depreciated value of YMCA's contribution to the cost of construction and design for permanent improvements constructed prior to December 31, 2022 (exclusive of the cost of the YMCA Property for use at the Facilities), as permitted by the rules and regulations of the Federal Internal Revenue Lease Agreement with YMCA of Metropolitan Fort Worth 22 of 33 Service (IRS) as they may change from time -to -time, provided, however, that the City's obligation to reimburse the YMCA for the depreciated value shall never exceed One Million Two Hundred Thousand Dollars and No Cents ($1,200,000.00). The City's obligation to reimburse the YMCA shall not extend beyond thirty-nine (39) years from the date hereof. Reimbursement for approved permanent improvements completed after December 31, 2022 will be addressed in any renewal of this Agreement. (b) If the event of default is 11.03(a)(i)-(iii), the City shall be under no obligation to compensate or reimburse YMCA for any improvements to the Leased Premises. (c) If YMCA elects not to renew this Agreement or terminates the Agreement at any time with or without cause, City shall be under no obligation to compensate or reimburse YMCA for any improvements to the Leased Premises. 11.05 YMCA's Dudes Following b xpiration or Termination Following expiration or termination of this Agreement, YMCA shall promptly remove all of its personal property; provided, however, YMCA shall not be obligated to remove any fixtures YMCA shall also repair any YMCA -caused damage to the Leased Premises, including, but not limited to, any damage that YMCA causes during removal of YMCA's property, to the satisfaction of the Director Following removal of all of YMCA's personal property and repair of any damage, YMCA shall relinquish possession of the Leased Premises to City. 11.06 Failure to Comply with Post-Fixpiration or Termination Duties. If YMCA fails to remove all or any part of its personal property or repair the Leased Premises as set forth herein, City may, at its sole discretion, (i) remove YMCA's personal property and otherwise repair the Leased Premises and invoice YMCA for City's costs and expenses incurred, such invoice to be due and payable to City within thirty (30) days of its delivery to YMCA; or (ii) following no less than thirty (30) days prior written notice to YMCA, take and hold any YMCA personal property as City's sole property; or (iii) pursues any remedy at law or in equity available to City. If YMCA falls to surrender the Leased Premises to City following termination or expiration, all liabilities and obligations of YMCA hereunder shall continue in effect until the Leased Premises are surrendered. 11.07 Dudes and Obhgations to Survive Termination or Fi xbiration. No termination or expiration shall release YMCA from any liability or obligation resulting from any event happening prior to the completion of all post -termination duties or, if later, the date on which City exercises the last of its available remedies for YNICA's failure to meet its post -termination dudes. 11.08 Other Remedies. Any termination of this Agreement as provided in this article will not relieve YMCA from paying any sum or sums due and payable to City under this Agreement at the time of termination, or any claim for damages then or previously accruing against YMCA under this Agreement. Any such termination will not prevent City from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from YMCA for any default under the Agreement All City's rights, options, and remedies under this Agreement will be construed to be cumulative, and not one of them is exclusive of the other. City may pursue any or all Lease Agicement with YMCA of Metropolitan Fort Worth 23 of 33 such remedies or any other remedy or relief provided by law, whether or not stated in this Agreement. ARTICLE 12. RECORDS 12.01 Provision of Records On an annual basis, or at such intervals as may be requested by City, YMCA shall provide City hard and digital copies of current membership in the form of electronic statistics, e.g., itemized by zip code, family unit or as specified by the City, as well as financial, operational and maintenance information related to the Leased Premises and all other information deemed necessary and reasonable by City and YMCA. ARTICLE 13. NOTICES 13.01 Notices. Any notice, demand request, or other communication hereunder given or made by either party to the other shall be in writing and shall be deemed to be delivered whether actually received or not, when deposited in the United States mail, postage prepaid, certified or registered mail, return receipt requested, addressed to the parties hereto at the respective addresses set out below, or at such other address as they may hereafter specify by written notice so given. If to City: If to YMCA: Director Parks and Community Services City of Fort Worth 4200 South Freeway, Ste. 2200 Fort Worth, Texas 76115 With a copy to: Department of Law City of Fort Worth Attn• City Attorney 1000 Throckmorton Street Fort Worth, TX 76102 • YMCA of Metropolitan Fort Worth Attn. President/C N 0 540 Lamar Street Fort Worth, Texas 76102 ARTICLE 14. GENERAL PROVISIONS 14.01 Right of h ntry and Inspection. YMCA must permit City or its agents, representatives, or employees to enter the Leased Premises for the purposes of inspection; determining whether YMCA is complying with this Agreement; maintaining, repairing, or altering the Leased Premises; or any other reasonable purpose. During any inspection, City may perform any obligations that City is authorized or required to perform under the terms of this Agreement or pursuant to its governmental duties under federal state or local laws, rules or regulations. Lease Agreement with YMCA of Metropolitan Fort Worth 24 of 33 14.02 Interpretation. In the event of any dispute over the meaning or application of any provision of this Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for or against any party, regardless of the actual drafter of this Agreement. 14.03 No Third -Party Rights. The provisions and conditions of this Agreement are solely for the benefit of City and YMCA, and any lawful assign or successor of YMCA, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 14.04 No Partnership or Toint Venture. YMCA shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. YMCA shall have the exclusive control of, and the exclusive right to, control the work designated to YMCA to be performed hereunder, and all persons performing the same, and shall be solely responsible for the acts and omissions of its officers, 'gents, servants, contractors, subcontractors and employees. Neither City nor YMCA shall be responsible under the Doctrine of Respondeat Superior for the acts and omissions of its officers, agents, servants, contractors, subcontractors, or employees. It is understood and agreed that City is not involved as a party to any activities that may be carried on by YMCA pursuant to this Agreement. YMCA acknowledges itself solely responsible for such activities and for all persons and property involved or used in connection with YMCA's use of the Leased Premises. Provided, however, that no provision of this Agreement shall operate or be construed as a w'iver by either party of any immunity from liability which it has or could be asserted under the doctrine of governmental immunity or any other immunity which it has under law. 14.05 Declared 1-4 mergency. In the event of a declared City, state or federal emergency, YMCA will immediately make the Leased Premises available for use as deemed necessary by City in order to respond to the declared emergency The City, in its sole discretion, may cancel or postpone any scheduled event in the interest of public safety. Should the declared emergency extend beyond 72 hours, City will seek reimbursement from federal, state and/or local funding and compensate YMCA for any lost revenue as a result of declared emergency use, to the extent funds are received from these sources. YMCA hereby waives any claim against City for damages by reason of any such rescheduling or cancellation 14.06 Force Maieure If YMCA becomes unable, either in whole or part, to fulfill its obligations under this Agreement due to acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemies, wars, blockades, insurrections, riots, epidemics, earthquakes, fires, floods restraints or prohibitions by any court, board, department, commission or agency of the United States or of any States, any arrests and restraints, civil disturbances, or explosions, or some other reason beyond such YMCA's control (collectively, "Force Majeure Fivent"), the obligations so affected by such Force Majeure Fvent will be suspended only during the continuance of such event YMCA will give City written notice of the existence, extent and nature of the Force Majeure Event as soon as reasonably possible after the occurrence of the event. YMCA will use commercially Lease Agreement with YMCA of Metropolitan Fort Worth 25 of 33 reasonable efforts to remedy its inability to perform as soon as possible. Failure to give notice wiill result in the continuance of YMCA's obligation regardless of the extent of any existing Force Majeure Hvent. 14.07 Binding Covenants. Subject to the limitations contained herein, the covenants, conditions and agreements made and entered into by the parties hereto are declared to be for the benefit of and binding upon their respective successors, representatives and assigns, if any 14.08 Invalid Provision It is agreed that, in the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall in no way affect any other covenant, condition or provision herein contained; provided, however, that the invalidity of any such covenant, condition or provision does not materially prejudice either YMCA or City in connection with the rights and obligations contained in the valid covenants, conditions or provisions of this agreement. 14.09 Assignment and Successors. YMCA may not assign, transfer or otherwise convey any of its rights or obligations under this Agreement to any party without the prior written consent of City, which consent shall not be unreasonably withheld or delayed, conditioned on (i) the prior approval of the assignee or successor and a finding by the Fort Worth City Council that the proposed assignee or successor is financially capable of completing the construction and occupancy of Facility and (ii) the proposed assignee or successor has executed a written agreement with City under which it agrees to assume all covenants and obligations of YMCA under this Agreement, in which case such assignee or successor shall thereafter be deemed "YMCA" for all purposes under this Agreement. An attempt to assign this contract without the consent of YMCA shall be considered an event of default. 14.10 Waiver of Immunity. If YMCA, as a charitable association, political subdivision, corporation, entity or individual enterprise, has or claims an immunity or exemption (statutory or otherwise) from and against liability for damage or injury to property or persons, YMCA, to the extent permitted by law, hereby expressly waives its rights to plead defensively such immunity, including governmental immunity, or exemption as against City arising under this Agreement. 14.11 Applicable Laws. The laws of the State of Texas shall govern this license agreement and the relationship created hereby Venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. 14.12 Severability of Provisions. If any of the provisions contained in this Agreement shall be held for any reason, to be invalid illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability, shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 14.13 Governmental Powers. It is understood that by execution of this Lease Agreement with YMCA of Metropolitan Fort Worth 26 of 33 Agreement, City does not waive or surrender any of it governmental powers 14.14 Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 14.15 Sole Agreement. This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreements between the parties respecting the subject matter. 14.16 Memorandum of Lease. The parties will execute a memorandum of this Lease in the Real Property Records of Tarrant County, Texas. 14.17 Liens. YMCA covenants and agrees that it shall do no act nor make any contract that may create or be the foundation for any lien upon or interest in the Leased Premises Any such contract or lien attempted to be created shall be void Should any purported lien on the Leased Premises be created or filed by reason of any act or contract of YMCA, then YMCA, at its sole expense, shall liquidate and discharge same within ten (10) days next after notice of filing thereof; and should YMCA fail to discharge same, such failure shall constitute a breach of the covenant herein. 14.18 Environment. City has no knowledge of any Hazardous Materials on, under, over, or about the Leased Premises as of the Effective Date and hereby represents and warrants that it shall not knowingly, nor permit any third party to use, handle or store any Hazardous Materials on, under, over, or about the Leased Premises in violation of any applicable laws YMCA shall not handle of store any Hazardous Material on the Leased Premises, except that YMCA may, in compliance with applicable environmental laws, use and store (i) Hazardous Materials in such amounts and types that are commonly used in connection with the rights granted hereunder and (ii) general cleaning materials that may contain Hazardous Materials. YMCA shall not introduce, use, general, store, accept, or dispose of on, under, or about, transport across, or permit to exist on the Leased Premises any "treatment, storage or disposal facility" or "underground storage tank,' as those teinms are defined under applicable environmental laws. For purposes of this Agreement "Hazardous Materials' shall mean potentially dangerous hazardous wastes, toxic substances, or related materials, including, but not limited to, pollutants, asbestos, polychlorinated biphenyl (PCB); petroleum or other fuels (including crude oil or any fraction or derivative thereof) underground storage tanks, and substances considered hazardous, toxic, or the equivalent pursuant to applicable laws. Any Hazardous Material used by YMCA on the Leased Premises shall be posted on site and a list shall be given to City. YMCA shall not create or aggravate any condition at the Leased Premises that could present a threat to human health or to the environment. 14.19 Compliance with Laws and Regulations. (a) In operating under this Agreement, YMCA agrees to materially comply with all applicable federal state, and local laws, regulations, and ordinances, including, but not limited to, all City ordinances, charter provisions and rules, regulations and req 'itements of City's police, fire, code compliance, planning and Lease Agreement with YMCA of Metropolitan Fort Worth 27 of 33 development, and water department. (b) YMCA shall materially comply with all Pails and Community Services Department regulations and policies and shall coordinate with City staff with regard to use of the Premises (c) YMCA shall not knowingly do or suffer to be done anything on the Leased Premises during the terms of this Agreement in violation of the laws, statutes, ordinances, rules, regulations, charter provisions, directives, or requirements referenced in this Agreement. If City calls the attention of YMCA to any such violation on the part of YMCA or any person employed by or admitted to said Leased Premises by YMCA, YMCA will immediately (or otherwise as soon as reasonably possible) desist from and correct such violation and/or vacate the Leased Premises 14.20 Audit YMCA agrees that City will have the right to audit the financial and business records of YMCA that relate to this Agreement (collectively "Records') at any time during the any term of this Agreement and for three (3) years thereafter in order to determine compliance with this Agreement. Throughout the term of this Agreement and for three (3) years thereafter, YMCA shall make all Records available to City on 1000 Throckmorton Street, Fort Worth, Texas of at another location in City acceptable to both parties following reasonable advance notice by City and shall otherwise cooperate fully with City during any audit Notwithstanding anything to the contrary herein, this Article shall survive expiration or earlier termination of this Agreement. 14.21 Dispute Resolution If either YMCA or City has a claim, dispute, or other matter in question for breach of duty, obligations services rendered or any warranty that arises under this Agreement the Parties shall first attempt to resolve these issues through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the party's specific re'isons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall make a good faith effort, either through email, mail, phone conference, in person meetings or other reasonable means to resolve any claim, dispute, breach or other matter in question that may arise out of, or in connection with this Agreement. If the Parties fail to resolve the dispute within sixty (60) calendar days of the date of receipt of the notice of the dispute, then the Parties may submit the matter to non -binding mediation upon written consent of the authorized representatives of both parties in accordance with Chapter 154 of the Texas Civil Practice and Remedies Code and Chapter 2009 of the Texas Government Code, then in effect. Request for mediation shall be in writing, and shall request that the mediation commence not less than fifteen (15) or mote than forty-five (45) calendar days following the date of request except upon Agreement of the Parties. In the event City and YMCA are unable to agree to a date for the mediation or to the identity of a mutually agreed mediator within thirty (30) calendat days following the date of the request for mediation, then all the conditions precedent in this article shill be deemed to have occurred. The Parties shall share the mediator's fee and any filing fees equally. Venue for any mediation of lawsuit arising under this Agreement shall be in Tarrant County, Texas Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction No provision of Lease Agreement with YMCA of Metropolitan Fort Worth 28 of 33 this agreement shall waive any immunity or defense. No provision of this Agreement constitutes consent to sue. If the Parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. 14.22 Authorization By executing this Agreement, YMCA s agent affirms that he or she is authorized by YMCA to execute this Agreement and that all representations made herein with regard to YMCA's identity, address, and legal status are true and correct. 14.23 Counterparts and N lectionic Signatures. This Agreement may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature 14.24 No Waiver. The failure of a party to insist on performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waive' of a party's right to insist on appropriate performance or to assert any such right on any future occasion 14.25 Future Funding and Annual Reports. YMCA retains the right to request consideration of funding in future capital improvement programs sponsored by City. On or before December 1 of each year this Agreement is in force and effect, YMCA shall provide City an annual report of progress and programs, operations and capital improvement plans for the coming year. Furthermore, on or before December 31 of each year this Agreement in force and effect, YMCA shall meet with the Director to discuss the required annual report. [SIGNATURES APPEAR ON THE FOLLOW PAGE] Lease Agreement with YMCA of Metropolitan Fort Worth 29 of 33 EXECUTED to be effective on the Effective Date. CITY OF FORT WORTH FORT WORTH By( S san Alanis Assistant City Manager YMCA OF METROPOLITAN FORT WORTH APPROVED AS TO FORM AND LEGALITY Tyler F. allach Assist ,City Attorney ATT gIat' Kayser City Secretary Contract Authorization M&C # C-25667 Date: June 12, 2012 : k BY Tony Shum President/ /44 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Lease Agreement with YMCA of Metropolitan Fort Worth 30 of 33 Exhibit A Being 2 parcels of land out of a 27,0259 acre tract of land located to the James W. Williams Survey, ract No, 1590, in Tarrant Ccunty, Texas, said tracts being mare particularly described in that certain deed from J. T. Williams to the City of Fort Worth, Texas, dated December 6, 1956, and recorded in Vol. 3060, page 521, Deed Records of Tarrant County Texas, said parcels being described by metes and bounds as follows: PARCEL BEGINNING at a point on the east iirle of said Water Department Tract, said point being North 0 degrees 16 minutes East a distance of 45.25 feet from a City of Fort Worth monume„t No, 6122, THENCE i'ORTR 03 degrees 40 minutes 30 seconds West'a distance of SIS.SS feet to the P, C. of a curve to the left whose center bears South 6 degrees 19 minutes CO seconds: and raving a radius of 0E2.96 feet. TNEUCE along the arc of said curve to the left through a central angle of 7 degrees 50 minutes 29 seconds, a distance of 120.84 feet to a point for a curse to the right, Said point being 1 feet West of an existing fence. THENCE angle right 42 degrees 03 minutes, to the tangent of said curve whose central angle is 55 degrees 43 minutes and having a radius of 181.23 feet. THENCE along said curve for a distance of 17G.24 feet to a point. THENCE sngle left 47 dergrc2s 57 minutes to a bearing of North 41 degrees 40 minutes, West. THENCE North 41 degrees 40 minutes Hest for a dls{ar,ce of 1i0.72 feet to a point THENCE South 36 degrees 15 minutes, Nest for a distance of 18,57 feet, to a point en the existing Water Oepar•taent fence. THENCE North 0 degrees 16 minutes East a distance of 620.5 feet to a point; said point laying 103.5 feat South of the North property line of the Water Department tract. il1ENCE South 89 degrees 48 minu to a paint in the east. Una of THENCE S Jcpartme degrees 16 minu distance of or le Lease Agreement with YMCA of Metropolitan Fort Worth seconds Ea later Depart! al tflQ to the ±slar_.a of begThning, and distance of 852 fee •act; 31 of 33 fir&it€ Graphic Scale latni 100. TESC4 q R r44Atta 'Reservoir FIELD No-3 AdTta fseL+71 Ptim7 S;ufion s> SELO Nic.2 e Flat ,m..',--I.' F`fr L.7 IVc-,v Br�stsl:icn. EXISTING LIGHT POLES TO BE REMOVED • •• ;.° —4W •>. ••• 410:7''''' • ••• DUN AWAy 5S0 Daley /Verve • Sule 4X1 • f eel Waft. Texas 76107 le'. 017335.1121 • rat: B17 335.7437 (rx IITG f-1114) -11"••••• MULTI -USE PLAYFIELD IN r/ • .11.1•,1110- .••• mm 1111111111 LITTLE LEAGUE' MULTI -USE PLAYFIELD 0 tifr) L. 0 T-BALL EXISTING PARKING LOT ITO U OVERLAID RESTRsPED) =7, ..a...11.1•1•11••••,. Mr•••••••T'''''' *;•••&..-4.4 MULTI -USE PLAYFIELD # •, . 1 ! ... 1 ! ; ,-- 1 ; :tLITTLE LEAGUE' \ , 1 1 • 1 .11 1› 1 1 % t7 EXISTING PRESS BOX — TO BE REmOVED PLAY/PRAClICE F1E10 ••• EXISTING BATTING CAGES EX1SIING STORAGE MULTI -USE PLAYFIELD 400.. AM. 1 • • 414.6011W:75,1."-- EXISTING PARKING LOT I -BALL 4 T-BALL 410.•10. 0•01, _ • 0=0. --- • z 4 , - err — — Cc 1514, imp BLUE RAIDER FIELDS - CONCEPT SITE PLAN so ass 101k rss 11311. M&C Review Page 1 of 3 Official site of the City of Fait Worth, Texas FORT WORTH COUNCIL ACTION: Approved As Corrected on 6/12/2012 - Ordinance Nos. 20255-06-2012 & 20256-06-2012 DATE* 6/12/2012 REFERENCE NO.: C-25667 LOG NAME: 80AAC CODE C TYPE NON -CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Execution of a Lease Agreement with the YMCA of Metropolitan Fort Worth for the Development, Operation, Management and Programming of the Russom Ranch Reservoir Site, Formerly Known as the Blue Raider Athletic Field, with a City Contribution of $500,000.00 from Gas Lease Revenue and Capital Fund, Authorize Transfer of $500 000 00 from Various Gas Lease Revenue and Capital Funds to the Park Gas Lease Project Fund, Authorize Waiver of All Construction Permits Fees and Adopt Appropriation Ordinances (COUNCIL DISTRICT 6) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Gas Lease Capital Projects Fund in the amount of $100,000.00 and in the Capital Projects Reserve Fund in the amount of $300,000.00; 2. Authorize the transfer of $100,000.00 from the Water and Sewer Gas Lease Capital Projects Fund and $300,000 00 from the Capital Projects Reserve Fund to the Park Gas Lease Project Fund 3. Authorize the transfer of $100,000.00 from the Park Gas Lease Project Fund, unspecified cost center to the Park Gas Lease Project Fund, specific cost center for construction of this project; 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Park Gas Lease Project Fund in the amount of $500,000 00; 5. Authorize the City Manager to waive all construction permit fees required for this project, and 6. Authorize the execution of a Lease Agreement with the YMCA of Metropolitan Fort Worth for the development, operation, management and programming of the Russom Ranch Reservoir Site with a City contribution in the amount of $500,000 00 from gas well revenues and capital funds. DISCUSSION: The purpose of this Mayor and Council Communication is to authorize the City Manager to enter into a Lease Agreement (Agreement) with the YMCA of Metropolitan Fort Worth (YMCA) for the development, management, operation and programming of the Russom Ranch Reservoir Site with a City contribution of $500,000.00 from gas well revenues and capital funds and to adopt appropriation ordinances. Russom Ranch Reservoir Site (Site), which is composed of approximately 11.86 acres, is owned by the City of Fort Worth Water Department and managed by the City of Fort Worth Parks and Community Services (PACS) Department. The Site was leased to the Blue Raider Athletic Association, Inc. (BRAA), from February 1961 to August 2010. The City of Fort Worth entered into an Agreement with the BRAA in February 1961 for the purpose of conducting public outdoor athletic activities and other programming. In 1998, the PACS assumed the contract management responsibility from the City's Water Department. The Agreement with BRAA expired by term in August of 2010 http://apps.cfwnet.org/council packet/mc review asp?ID=16691&councildate=6/12/2012 10/2/2012 M&C Review Page 2 of 3 In August 2010, the City issued a Request for Qualifications (RFQ) soliciting qualifications from for - profit and non-profit agencies for the development, operation, management and programming of the Site currently identified as the Altamesa Athletic Complex. The RFQ was published in the Fort Worth Star -Telegram from August 11, 2010 through September 9, 2010. The YMCA was the sole respondent to the RFQ. The YMCA's qualifications were reviewed and approved by the selection committee. PACS Department entered into a Memorandum of Understanding on June 10, 2011 with the YMCA for the submission of its proposed plans for funding, development, management operation and programming of the Site. The YMCA proposes using the fields for youth sports for children ages 3 to 17, which will include skills clinics, coaches' training, competitive leagues and tournaments. On March 22, 2012, the Parks and Community Services Advisory Board endorsed Staffs recommendation to enter into a lease Agreement with the YMCA for the future development, management operation and programming of the Site. The initial term of the Agreement will be for 20 years with two automatic renewals of 10 years each, unless the YMCA elects not to renew Revenue from the activities of the facility will be used by the YMCA to program, maintain and make additional improvements to the facilities with the approval of the Director of the PACS Department. Major terms of the Agreement include a total commitment of $1 700,000,00 to develop the Site, which includes $500,000.00 from the City and $1,200,000.00 from the YMCA for construction and design costs, The PACS Department will review and approve all plans for design and installation of improvements at the Site. All permanent improvements shall belong to the City upon expiration or termination of the Agreement. The proposed expenditure of the City funds complies with the City of Fort Worth's Financial Management Policy for the use of gas well lease revenues. Russom Ranch Reservoir is located in COUNCIL DISTRICT 6. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances funds will be available in the current operating budget, as appropriated, of the Park Gas Lease Project Fund. TO Fund/Account/Centers P245 446200 604149990100 111 P245 538070 601149990100 1)1 GC10 472001 013010001000 in GC10 538040 013010001000 2 & 3)) C282 472245 806490193980 2 & 3)) C282 472010 806490193980 2 & 3)) C282 446200 806490193980 C282 541200 806490193980 $100.000.00 $100,000.00 $300.000.00 $300,000.00 $100,000.00 $300.000.00 $100,000.00 $500.000.00 Submitted for City Manager's Office bv: Originating Department Head: FROM Fund/Account/Centers 2 )) C282 541200 801929990300 P245 538070 601149990100 GC10 538040 013010001000 411 C282 541200 806490193980 Susan Alanis (8180) Richard Zavala (5704) $100.000.00 $100,000.00 $300,000,00 $500,000.00 http://apps.cfwnet.org/council packet/mc_review.asp?ID=16691 &councildate=6/12/2012 10/2/2012 M&C Review Page 3 of 3 Additional Information Contact: Sandra Youngblood (5755) ATTACHMENTS 80AAC AO12 Corrected.doc 80AAC C282 AO12 (revised).doc Russon Ranch Reservior Site.pdf http://apps.cfwnet.org/council packet/mc_review.asp?ID=16691 &councildate=6/12/2012 10/2/2012